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Statutes Text

Article - Health - General




§4–201.

    (a)    In this subtitle the following words have the meanings indicated.

    (b)    “Attending clinician” means the physician, nurse midwife, or direct–entry midwife in charge of a birth outside an institution.

    (c)    “Attending physician” means the physician in charge of the patient’s care for the illness or condition which resulted in death.

    (d)    “County registrar” means the registrar of vital records for a county.

    (e)    (1)    “Dead body” means:

            (i)    A dead human body; or

            (ii)    Parts or bones of a human body if, from their condition, an individual reasonably may conclude that death has occurred.

        (2)    “Dead body” does not include an amputated part.

    (f)    “Direct–entry midwife” means an individual licensed to practice direct–entry midwifery under Title 8, Subtitle 6C of the Health Occupations Article.

    (g)    “Father” has the meaning stated in § 5–1001 of the Family Law Article.

    (h)    “Fetal death” means death of a product of human conception, before its complete expulsion or extraction from the mother, regardless of the duration of the pregnancy, as indicated by the fact that, after the expulsion or extraction, the fetus does not breathe or show any other evidence of life, such as heart beat, pulsation of the umbilical cord, or definite movement of voluntary muscle.

    (i)    “File” means to present for registration any certificate, report, or other record including records transmitted by approved electronic media, including facsimile, of birth, death, fetal death, adoption, marriage, or divorce for which this subtitle provides and to have the Secretary accept the record.

    (j)    “Filing date” means the date a vital record is accepted for registration by the Secretary.

    (k)    “Final disposition” means the burial, cremation, or other final disposition of a body or fetus.

    (l)    “Institution” means any public or private establishment:

        (1)    To which individuals are committed by law; or

        (2)    That provides to 2 or more unrelated individuals:

            (i)    Any inpatient or outpatient medical, surgical, or diagnostic care or treatment; or

            (ii)    Any nursing, custodial, or domiciliary care.

    (m)    “Licensed health care practitioner” means:

        (1)    An individual who is:

            (i)    A physician licensed under Title 14 of the Health Occupations Article;

            (ii)    A psychologist licensed under Title 18 of the Health Occupations Article;

            (iii)    A registered nurse licensed and certified to practice as a nurse practitioner, nurse psychotherapist, or clinical nurse specialist under Title 8 of the Health Occupations Article; or

            (iv)    A licensed certified social worker–clinical licensed under Title 19 of the Health Occupations Article; or

        (2)    An individual who:

            (i)    Is licensed to practice a profession listed in item (1) of this subsection in another state; and

            (ii)    Meets the requirements under the Health Occupations Article to qualify for a license to practice the profession in this State.

    (n)    “Live birth” means the complete expulsion or extraction of a product of human conception from the mother, regardless of the period of gestation, if, after the expulsion or extraction, it breathes or shows any other evidence of life, such as heart beat, pulsation of the umbilical cord, or definite movement of voluntary muscle, whether or not the umbilical cord is cut or the placenta is attached.

    (o)    “Mother” has the meaning stated in § 5–1001 of the Family Law Article.

    (p)    “Mortician” means a funeral director, mortician, or other person who is authorized to make final disposition of a body.

    (q)    “Nurse midwife” means an individual certified to practice as a nurse midwife under Title 8 of the Health Occupations Article.

    (r)    “Physician” means a person authorized or licensed to practice medicine or osteopathy pursuant to the laws of this State.

    (s)    “Physician assistant” means an individual who is licensed under Title 15 of the Health Occupations Article to practice medicine with physician supervision.

    (t)    “Registration” means acceptance by the Secretary and incorporation in the records of the Department of any certificate, report, or other record of birth, death, fetal death, adoption, marriage, divorce, or dissolution or annulment of marriage for which this subtitle provides.

    (u)    “Vital record” means a certificate or report of birth, death, fetal death, marriage, divorce, dissolution or annulment of marriage, adoption, or adjudication of paternity that is required by law to be filed with the Secretary.

    (v)    “Vital statistics” means the data derived from certificates and reports of birth, death, fetal death, marriage, divorce, dissolution or annulment of marriage, and reports related to any of these certificates and reports.